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Small claims v simple procedure

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  • Small claims v simple procedure

    Hello,

    I work on a freelance basis and I'm based in Scotland. I'm owed money from a company registered to an address in Wales for work I carried out for them. The payment is not in dispute but is overdue and not forthcoming.

    If I were to file a claim against the company, am I right in thinking that I would need to file through the small claims court, and not simple procedure, because they aren't based in Scotland? Also, the contract I signed with them states it is governed by English law.

    Any advice appreciated, thanks.
    Tags: None

  • #2
    Governing law is different from jurisdiction. For contractual disputes if the obligation in dispute ie to pay you should have been performed in Scotland you should be able to sue in Scotland. If neither party then raises the issue the court will assume Scots law applies to the dispute. Of course any decree obtained would need to be enforced in Wales

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    • #3
      Thanks very much, appreciate it. I received some similar advice from Citizens Advice.
      ​​​​​

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      • #4
        I think you need to take your contract and show it to your lawyer. There are a lot of surprises in contracts.

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